The abuse of a child, like any abuse, is an abhorrent crime often leaving the victims with lifelong mental scars. The survivors of such abuse often take many years to be able to speak about the abuse they suffered, often due to mental health difficulties, the feeling of shame, fear and the mistrust of people in positions of authority.
For years, those of us helping the victims of abuse seek compensation from the state or other institutions have started on the backfoot as the law, as it stands, is that the victims of abuse must bring their claim within 3 years of their 18th birthday when the abuse occurred in childhood. We have managed to navigate this rule by providing the court with evidence of the mental health of our clients stopping them speaking about the abuse at all let alone bringing legal proceedings for such.
The center of expertise on child sexual abuse estimate that around 500,000 children are sexually abused in England and Wales each year, and only a fraction of those come forward. Studies undertaken as part of the Independent Inquiry into Child Sexual Abuse found that out of the thousands of survivors who took part in their survey 9% had reported the abuse in their 20’s only 15% reported the abuse in their 30’s, 24% in their 40’s and 30% had reported the abuse in their 50’s.
47% of child sexual abuse had occurred in the home by a family member, 26% by other relations, 12% was by teaching or educational staff.
In October 2022, The Report of the Independent Inquiry into Child Sexual Abuse following the Inquiry undertaken by Professor Alexis Jay OBE was published. It made 20 recommendations to better protect children from sexual abuse. The 15th recommendation was for the removal of the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse.
This week Lord chancellor Shabana Mahmood announced that changes recommended in October 2022 by the Independent Inquiry into Child Sexual Abuse (IICLSA) were ‘long overdue’ and the three-year time limit for bringing child sexual abuse claims will be removed so victims can come forward when they feel ready. Presently the survivor has to prove that a fair trial can proceed despite the time lapse to be able to bring their claim. When the changes are introduced the burden will fall on defendants to show that a fair trial is not possible.
This change means that survivors will no longer start off on the back foot as it will be for the Defendants to show they have been prejudiced by the delay. But the Claimant will still have to deal with this argument and be able to show, despite the Defendants arguments, that a fair trial is possible. For instance, where an accused has died and there has been no previous allegation made, Claimants’ will still find it very difficult to proceed with a case.
At Ison Harrison solicitors, our lawyers have helped victims and survivors of childhood abuse claim compensation for what they suffered as a result of the abuse as children over many years and have helped our clients recover millions in compensation.
Our specialist team have helped victims and survivors claim compensation from Local Authorities, religious institutions, and recreational facilities as well as from the government’s Criminal Injuries Compensation Authority (CICA) scheme; and most of our clients have been adults who have come to us in later life wishing to claim compensation for the abuse they suffered as children.
Our cases are funded through our no win no fee schemes or through our Legal Aid Contract for abuse claims, meaning none of our clients pay any money from their pockets in order to fund such claims for compensation.
If you have been the victim of abuse and feel ready to speak to someone to be able to claim compensation for your abuse please telephone a member of our abuse team for confidential no commitment advice on 0113 284 5000.
